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  1. #1
    PamelaKay Guest

    Child Support Modification Retroactive?

    What is the name of your state? Texas

    I have been divorced for two years. My ex husband is self employed and is income goes up and down so at the time of the divorce he agreed to pay a set amount a month. Because of his actions which caused the divorce his business has not been doing well either. He is still living with his mistress and has taken her to Shreveport monthly and to Iowa at least twice a year. He is still living as if he is making plenty but he is claiming he can no longer afford the child support he agreed to. He said that his lawyer said he could go to court to change the child support based on his income and that it would be retroactive and he wouldn't owe me anything. One daughter has graduated and the other daugter is almost 16 and will graduate in 2 1/2 years. I've never heard of such a thing, is it possible or is he bluffing? He's used the child support repeatedly in the past 2 years when he's mad at me. He is now 3 weeks behind on child support, he has never paid his half of out of pocket medical expenses and I recently put the girls on my health insurance because he switched them to a major medical policy. When I did it he agreed to pay me for it but he is now refusing to. He has never had custody of the kids overnight. He calls them and takes them to dinner about once every three months and for their birthdays.

    I have no doubt that his income tax shows a loss, he's not going to be honest with the government. How do I prove he's not only cheating me, he's cheating them? Is there any way to fight a change in child support?
  2. #2
    Lost in Emotion Guest
    i say call his bluff and tell him to try it**************.act confident when he says that**************if its true then there is nothing you can do about it and if its not true you can walk out of court with a smile. just be real nice about it!!!
  3. #3
    nextwife is offline Senior Member
    Join Date
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    24,363
    "He is still living with his mistress and has taken her to Shreveport monthly and to Iowa at least twice a year:

    THat alone doesn't prove HE is making any more than he says. Does she (his GF) have a decent job? How do you know it is not SHE taking HIM to Shreveport?
  4. #4
    haiku is offline Senior Member
    Join Date
    Jan 2001
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    5,414
    plain and simple, if he is not paying his share of court ordered nedical, he is in contempt. take him to court to ahow cause as to why he has not lived up to his end of the court order.

    until the order for suppport is changed, what was agreed to is what is paid. how a person spends the money they do have does not always show a true picture of what they actually have.

    If you go to court to modify, here is what he should be required to show to prove his income.

    Past 3 years tax returns, and a profit and loss for the current year.

    any 1099's

    all bank and financial statements

    and the court ordered finacial statement showing the debts and assets.

    All these will give the court an accurate picture to base support on.

    of course yo uto may be expected to show your income also, depending on how your state figures income.
    "It is easier to build strong children than repair broken men." Frederick Douglas
  5. #5
    FJ1200guy Guest
    He's bluffing and it wouldn't be retro-active anyways.

    edit: oops, and he's in contempt, take him to court.
  6. #6
    VeronicaGia is offline Senior Member
    Join Date
    Aug 2001
    Location
    Michigan
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    6,318
    Any modification, whether support goes up or down, would only be retroactive to the date he files the modification. Other than that, he's out of luck.

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